Intellectual Property in Mergers And Acquisitions

Adam Liberman identifies 10 intellectual property Ingredients to a Successful Deal. (published by Mondaq, free subscription required)
Among the key points:

1. The greater the disparity between the proposed price and the value of net tangible assets, the more likely intellectual property is important to the transaction.

2. A working assumption is that foreign laws will be substantively different from domestic laws and must be dealt with accordingly.

3. A clear identification must be made of what comprises the intellectual property to ensure its proper valuation, accounting, taxation and transfer.

4. The deal is not complete until title transfer is recorded.